If you are in a car accident and are injured or suffer property damage or other financial loss, you can sue the uninsured driver in Pennsylvania. However, recovering compensation can be more difficult if the at-fault driver lacks auto insurance. It's crucial to know your legal options, as Pennsylvania drivers are subject to insurance regulations that differ from what is seen in other states, including the limited versus full tort option. If you know about the claims process, lawsuits and uninsured motorist coverage, accident victims can make sure they get the compensation they deserve and the rights they deserve. The driver can be held liable for damages such as medical bills, lost wages, property damage and pain and suffering if they are uninsured.

But having a court judgement doesn't mean that the payment is guaranteed.

Why Does It Matter?

Driving without insurance is a huge financial risk to accident victims. Although Pennsylvania requires drivers to carry at least minimum liability insurance, some drivers still operate their vehicles without any insurance coverage.

Victims who are injured as a result of an uninsured driver may be caused to suffer from the following:

• Medical bills
• Vehicle repair costs
• Lost income
• Long-term rehabilitation expenses
• Sorrow or pain of mind or body.

Knowing what legal options are available could be the difference between having compensation paid and having to pay it out of your own pocket.

Who May Claim a Right to Sue an Uninsured Driver?

If you have the right to sue because of the following:

• The driver who was not insured was responsible for the accident.
• You were injured or suffered property damage.
• The wreckage has caused financial losses to you.
• The other driver's negligence is substantiated.

Common examples include:

Injured Drivers

If an uninsured motorist injures you in this type of rear-end accident, you can seek compensation for lost wages and medical expenses. 

Passengers

If a passenger is injured in a crash, he or she may have a claim for damages against the driver at fault, but the driver may not have insurance coverage.

How does it work?

STEP 1: File an Accident Report:

Request an official accident report from police. This documentation could be important later.

Step 2: Go to a doctor's office for treatment.

Prompt medical treatment can help preserve your health and can help document that your injuries are related to the crash.

Step 3: Evidence

Save:

Images of the incidents

Witness information

Vehicle damage documentation

Medical records

Police reports

Step 4: Insurance coverage.

Pennsylvania car owners can include uninsured motorist (UM) insurance. This coverage can pay for your damages if the at-fault person doesn't have insurance.

Step 5: Make an insurance claim.

If available, try to see if you can get compensation from your own UM coverage before filing a lawsuit.

Stage 6: Talk to a Personal Injury Lawyer

An attorney will be able to determine if there are any assets to pursue from the uninsured driver and other possible avenues for recovery.

Step 7: File a Lawsuit

You can also file a personal injury claim if it is appropriate to seek compensation for damages.

Things to Consider in Pennsylvania

Full Tort vs. Limited Tort Coverage

The tort system in Pennsylvania has a major impact on a personal injury victim's ability to obtain non-economic damages.

Full Tort: Applies in most cases to allow the pursuit of compensation for pain and suffering.

Limited Tort: Allows limited recovery for pain and suffering damages in very specific injury cases.

Uninsured motorist coverage

Pennsylvania insurers may deny UM coverage in writing to drivers. Having UM coverage can provide an important financial safety net.

Statute of Limitations

Pennsylvania has a statute of limitations to file a personal injury lawsuit. Failure to do so may result in the waiving of your right to claim compensation.

Example in practice

Picture a Pennsylvania resident waiting to cross the street when they are hit by an uninsured driver. Let’s say a hit-and-run driver injures a Pennsylvania resident at an intersection.

The injured driver may:

• Use their uninsured motorist coverage to claim.
• Pursue compensation for your losses and injuries.
• Check if the uninsured driver has any assets.
• If more compensation is due, then file a lawsuit.

Insurance and legal options are best assessed to find the best recovery strategy.

Frequently Misunderstood Points

The driver is uninsured, and I am not insured, so I do not have a case.

False. Having no insurance coverage does not mean that someone or a business is not liable.

It is guaranteed that a lawsuit will be paid.

Not necessarily. The assets and income of the defendant are used to collect a judgement.

The required coverage is known as 'Uninsured Motorist (UM)' coverage.

Drivers are required to provide insurers with UM coverage in Pennsylvania but can refuse it.

Only Drivers Can Sue

Pedestrians, cyclists and passengers may also bring claims.

Typical Errors

• Waiting to receive treatment following the accident.
• Not having a police report.
• If an uninsured driver cannot be held liable, this may affect your ability to recover damages.
• Failure to check for available uninsured motorist coverage.
• Delaying seeing an injury lawyer for too long.

What do you do then?

If the crash involved an uninsured driver in Pennsylvania:

• Get medical attention right away.
• Report the collision.
• Preserve evidence.
• Check your insurance policy.
• Figure out if uninsured motorist coverage is applicable.
• Talk to a knowledgeable Pennsylvania personal injury attorney to review all recovery options.

FAQ

May I claim damages for an uninsured driver in PA?

Possibly. The amount you can recover for pain and suffering may depend on your tort election and the extent of your injuries.

What if the driver who doesn't have health insurance also doesn't have any funds?

You can get a judgement, but the chances of collecting damages if the driver doesn't have assets are not great.

Will my UM policy cover my damages if an uninsured driver injures me?

It could include coverage for valid claims based on your policy language and coverage amount.

Are you allowed to demand a claim against an uninsured driver?

Yep. A passenger can sue for damages to cover their injuries if they are injured.

Do the passengers need a long time to file a lawsuit if they are injured in Pennsylvania by an uninsured driver?

The filing deadlines for personal injury cases are established under Pennsylvania law. Contact a lawyer as soon as possible to avoid missing deadlines.

Conclusion

For those who are wondering, “Can you sue an uninsured driver in PA?”, the answer is yes. Under Pennsylvania law, victims of car accidents can go after uninsured drivers and hold them accountable for their damages, which include injuries, property damage, and economic losses.